Is it possible to win an unbeatable DUI? Did you fail the field sobriety tests and blow over the legal limit on the breath test? DUI Attorney Manny Serra from the Rossen Law Firm explains how you can still win a DUI case using legal loopholes and a motion to suppress evidence.
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Video Chapters: 0:27 Reviewing the Police Report 1:19 Determine if the Officer Had Probable Cause 1:51 Using a Motion to Suppress 3:32 Identifying Illegal Traffic Stops 4:35 Striking Evidence from the Prosecutor's Case 5:17 Negotiate Dropping Charges with the Prosecutor 5:44 Take a Reduced Charge or Fight the Case Further
Most people think that if they are arrested for DUI, fail the sobriety exercises, and blow over the legal limit on a breathalyzer, then there is no hope of winning their DUI case. What most people don't realize is that you can still beat a DUI case even if you were drunk and blew over the legal limit.
Before an officer can arrest you for DUI, the specialized DUI officer must have legitimate probable cause to pull you over in the first place. If an officer illegally stops you for a traffic infraction, then any evidence he or she collects against you cannot be used in court.
The 4th and 5th Amendments to the Constitution protect individual rights against self-incrimination and illegal searches from law enforcement. In the American judicial system, an individual is innocent until proven guilty. As such, a police officer cannot simply pull you over for a crime without first reaching a legitimate reasonable suspicion that a crime occurred.
If an officer did in fact violate your rights, a defense attorney can file what is known as a motion to suppress. A motion to suppress is a formal request asking a judge to strike evidence from the record of the criminal case. If an officer stopped you illegally, a motion to suppress can eliminate all of the evidence that an officer collected against you from the moment you were pulled over. This would demolish the prosecution's case against you if successful. This legal motion puts the defense counsel on the offense and the prosecution on defense.
Filing this motion often opens room for the defense and the prosecution to negotiate the charges. If both sides come to an agreement, the prosecution can choose to reduce the charge of DUI to a lower charge such as reckless driving. This is a major win because reckless driving can be sealed or expunged from one's record.
Otherwise, the defense counsel can keep pushing their case all the way to trial where the defendant can receive a "not guilty" verdict.
